ENGLISH LEGAL SYSTEM & SKILLS Essay Example | Topics and Well Written Essays - 1500 words

congeal LEGAL SYSTEM & SKILLS - Essay ExampleThe initial cubic yard of appeal by the appellant was that he was denied his right to legal representation1 by the school board which amounted to gross impingement of his rights under the European convening on human Rights that among other rights provide for a right to a legal representation2. Legal issues upon which Gs case was heard at first instance The legal issue to be be at first instance was whether there was any form of sexual contact between the claimant and the boy. They had to ensnare whether there was any form of improper contact that would attract disciplinary action against the claimant. On instauration of a disciplinary action, a report would be forwarded to the Secretary of State to consider any rising employment of the claimant especially in any employment position that would put him in any resistant of contact with school going children. The panel should consider whether the actions constitute an abuse of trust of his implicit position in the school and consequently constituting gross misconduct. Legal issues identified in the appeal in the imperious Court One of the legal issues that were identified by the Supreme Court was whether the claimants rights had been violated at the hearing in the first instance. It has to consider whether the denial of the claimants legal representation amounted to a violation of his rights. The claimant had been denied representation by his counsel in the hearings at the tribunal. In circumstance the tribunal went ahead to stain a ending having denied her this right. In any case involving the determination of a persons courteous rights as well as obligations of any criminal charge against him, he is entitled to a open and fair hearing that should be conducted within a reasonable time by an impartial and self-reliant tribunal that has been established by right. A nonher principle issue for determination is the question on find out the kind of society that is required to exist between the proceedings in A that do not determine civil rights and obligation and proceedings B which determined civil rights and obligation. The court has to determine whether the connection is strong enough to determine the proceedings outcome. Another issue for determination was whether the proceeding by ISA which went ahead to include his name in the children barred list would violate his rights under oblige 6 (1). Another issue for the Supreme Court to determine was what statutory regulation to apply. Regulation 4 of 2003 regulations could not apply in a case where the secretary had not invited representations by 20th January 2009. The Ratio decidendi in the case An appeal can be made to the Supreme Court only on the grounds that the ISA has erred on a point of law or erred in a finding of a fact that it has made and the decision was based on that finding of fact. The decision on whether it was in order for an soul to be included in a barred list is not a question of law or fact as per section 4(3). The court decided this case based on the decision in Austrian case3 that held that it must be shown that the dispute relates to civil rights and obligations. Relevance of Article 6 (1) of the European Convention to this case This Article safeguards a persons right to a fair trial. The article in criminal cases as well as in civil cases safeguards the right to a